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United States v. Francis

June 5, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JOSEPH R. FRANCIS, DEFENDANT.



The opinion of the court was delivered by: S. James Otero, U.S. District Judge

[PROPOSED] ORDER RE: DEFENDANT'S MOTION TO COMPEL GOVERNMENT COMPLIANCE WITH BRADY, GIGLIO, AND RULE 16(A) OBLIGATIONS 7921608.1 [PROPOSED] ORDER RE: MOTION TO COMPEL

IT IS HEREBY ORDERED as follows: Pursuant to the Court's Order at the hearing on the defendant's Motion to Compel Government Compliance with Brady, Giglio, and Rule 16(a) Obligations ("Defendant's Motion," Docket #167), the Court hereby orders the government to disclose the following information and documents to the defense.

1.Tax Returns

a. Michael Barrett: The government is hereby ordered to disclose Barrett's Internal Revenue Service ("IRS") individual transcript of account for 2001 through 2008 by June 15, 2009. The government is further ordered to disclose Barrett's Individual Income Tax Return, Form 1040, for tax years 2001 through 2008 by July 1, 2009.

b. Mohamed Hadid: The government is hereby ordered to disclose Hadid's IRS individual transcript of account for 2002 and 2003 by June 15, 2009. The government is further ordered to disclose Hadid's Individual Income Tax Return, Form 1040, for tax years 2002 and 2003 by July 1, 2009. The government is hereby ordered to disclose transcripts of account for 2002 and 2003 for the entities (the "Hadid Entities") referenced in the Supplemental Declaration of Adam R. Lawton in Support of Defendant's Motion, Exhibit B, by June 15, 2009. The government is further ordered to disclose corporate income tax returns, Forms 1120, for tax years 2002 and 2003 for the Hadid Entities, to the extent such returns exist, by July 1, 2009.

2.Evidence of IRS Actions

The government is hereby ordered to disclose, by June 15, 2009, any evidence of IRS actions or inquiries directed toward any government witness during the past ten years that had an adverse resolution.

3.Asia Pacific

The government is hereby ordered to make available for inspection and copying, by June 15, 2009, the following documents and evidence related to United States v. Morgan Liddell, et al., CV07-00442 (SPK/LEK) that are in the possession of the Internal Revenue Service (Civil or Criminal) or the United States Department of Justice, Tax Division (Civil Trial or Criminal Enforcement Sections):

a. The Asia Pacific customer list referenced in the Declaration of Adam R. Lawton in Support of Defendant's Motion, Exhibit C, paragraph A.3;

b. Promotional materials regarding Asia Pacific;

c. Asia Pacific bank records;

d. Tax opinions authored or offered by any of the Bright Enterprises principals or by Morgan Liddell, Cherie Bright, Edward Coda, Loren Trenholm, Colin Chaffe, Nicola Jordan, and Lindsay Barrett;

e. Any IRS audits of Asia Pacific clients where any agent or other representative of the IRS found Asia Pacific deductions to be proper, regardless of whether ...


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